Some California counties are issuing guidelines restricting the press from documenting Election Day proceedings at polling places in ways that appear to violate state statutes and the First Amendment. A coalition of media outlets, led by CalMatters, and a First Amendment advocacy group sent a letter to Kern County raising these concerns, after county elections officials issued initial media guidelines prohibiting media personnel from filming from within 100 feet of poll sites and ballot drop boxes, among other limitations.
The coalition has identified other counties with similar prohibitions. These restrictions potentially stem from recent notices and poll worker training standards from the California secretary of state. In the guidelines, electioneering – or efforts to persuade voters to vote a certain way – is prohibited. The guidelines prohibit photographing or recording voters who are entering, inside or exiting a polling place without their permission.
But as long as outlets do not try to influence voters, these restrictions go beyond what state law limits and possibly run afoul of constitutional protections of a free press, said Ginny LaRoe, the advocacy director at the First Amendment Coalition, which is part of the group raising alarm.
Angélica Salceda, an attorney for American Civil Liberties Union Northern California, said she worries that the restrictions would also have a chilling effect on bystanders who may be discouraged from recording federal immigration activity that may occur near polling stations. Salceda said: “We don’t want someone who might be reporting potentially unlawful federal law enforcement activity near a polling location to be told that they’re violating the law simply because of where they’re standing. Getting that clarifying guidance from county registrars, before those restrictions are misapplied, is very important.”
Barring media from capturing voters entering vote centers conflicts with a long U.S. history of reporters gathering footage outside polling stations. News organizations have previously captured long lines, voters explaining why they are casting their ballots, and politicians showing up at polls to vote.
Dedee Verdin, a spokesperson for the secretary of state’s office, emailed CalMatters Sunday night that the office is seeking more clarity from its experts and will respond when she learns more.
